Tolerance
A tolerated stay is not a residence permit, but only a certificate of “temporary” suspension of deportation. Nevertheless, for many who are unable to obtain a residence permit, a tolerated stay permit is the last hope of remaining in the Federal Republic of Germany for a while.
You are entitled to suspension of deportation and the granting of a tolerated stay if it is not possible to leave the country for legal or factual reasons, e.g:
- there are no flight connections to the home country
- the passport required for deportation is not (yet) available to the immigration authority
- deportation is life-threatening for you, e.g. for health reasons
- You have started an apprenticeship in a recognized training occupation (so-called Ausbildungsduldung).
A (humanitarian) residence permit is to be issued after a maximum toleration period of 18 months. In practice, however, it is not uncommon for only a tolerated stay to be extended for several years. This is often justified by the immigration authorities on the grounds that you have caused an obstacle to deportation yourself, for example by not cooperating in obtaining a passport.
In principle, you can be permitted to take up employment with a tolerated stay permit. However, this does not apply if the obstacle to departure is “self-inflicted” and the documents required for deportation are not presented. In these cases, a work ban applies almost indefinitely.
If a tolerated stay permit is not granted or extended and a border crossing certificate is issued instead, deportation may be imminent. Whether deportation can be prevented by applying to the administrative courts for legal protection is a question of the individual case. If a tolerated stay is not extended, it is urgently necessary to visit a counseling center or a lawyer immediately!
Our specialist lawyer for migration law Marten Kaspar will advise and represent you in this area.
